the necessity which occasioned the giving of the bond, and that the master had no other means of procuring means to make the repairs. It should also allege the making of the bond, its terms, the departure of the vessel, and her safe arrival at the port where the bond was, by its terms, payable, and that the amount of the bond has not been paid. A copy of the bond should be annexed. Suits for Salvage. In libels for salvage, when the libellants are many in number, the names of the libellants may be inserted in a paper annexed. The libel should describe the position of the vessel or property saved, the danger it was in, with some minuteness of detail, and the services rendered. Suits in Causes of Collision. The libel should set forth the ownership of the vessel, the voyage on which she was bound, and that she was seaworthy and sufficiently provided with tackle, apparel, and furniture. It should then state the time and place of the accident as nearly as possible, the force and direction of the wind, the state of the weather, and the course the vessels were respectively steering. The position of the crew on deck in respect to the lookout, and all measures which were adopted to prevent the collision, should also be stated. It should also aver that the collision and loss were caused wholly by the culpable carelessness and negligence of those on board the other vessel, and that they would not have happened if due caution and proper diligence had been used by those on board the colliding vessel, and that they were in no way caused by those on board the vessel injured. The damage done should then be stated, and if the suit is in rem, there should be an allegation that the property is within the jurisdiction of the court. Suit in a Cause of Damage for an Assault. The libel should state the voyage on which the libellant was shipped, and that during the voyage he well and truly performed his duty, and obeyed all the lawful commands of the master and other officers on board the ship. Each injury received, or assault complained of, should be then set forth in a distinct article. Possessory Suits. In a possessory suit the libel should state the ownership of the vessel, setting forth the proportion owned by the libellant, and the reasons which entitle him to the possession, and there should be a prayer that all documents relating to the national character of the vessel be delivered up to the libellant. The circumstances which may entitle the owner to the possession are so various, that no particular form can be given. Petition for the Sale of the Vessel. No particular form is necessary for this. The libel should set forth the facts in extenso which render the sale necessary, and pray that the court order the same to be made. Suits against Proceeds in the Registry. These should be by petition, and should state the nature of the petitioner's demand, and should conclude with a prayer that the court will pronounce for the demand, and direct it to be paid out of the proceeds, and for such other relief as the petitioner is in right and justice entitled to, and as the court is competent to give. If a claimant has appeared, there should also be a petition that he be summoned to appear and show cause, if any he has, why the petition should not be granted. ANSWERS. THE manner of beginning and ending answers in admiralty will be seen from the form that we have before given. The same form will also show the manner of drawing the articles which state the defence, and for the matters which may be set up in defence, we refer to several subjects which we have considered in the body of our work. INDEX.. A. ACTIONS, trover for conversion of ship by one part-owner, i. 93, 94, n. 1. by and against part-owners, i. 116-127. See Part-Owners, VIII. between part-owners for contribution, i. 119. against vessels by name, i. 119, 120. See Part-Owners, VIII. by one part-owner in name of vessel, i. 122, n. trespass against steamboats by name, i. 122, n. assumpsit for freight between part-owners, i. 117, n. 1. assumpsit for wages upon shipping articles signed by one party, ii. 42, and n. 2. ACT OF CONGRESS. See Statute. "ACT OF GOD," exception of perils by, in bills of lading, i. 253, 254. evidence of, ii. 437. ADMIRALTY, sale of ship under decree of, i. 74-78. See Sale of Ship, V. ADMIRALTY, JURISDICTION OF, ii. 159-190. I. AS DETERMINED BY PLACE, ii. 159-174. in England confined to places outside body of county, ii. 159. and within ebb and flow of tide, ii. 159. permanent where tide always flows, ii. 159. between high and low water mark, when tide covers place, ii. 159. and ceasing when tide leaves, ii. 159. what body of county comprehends, ii. 160, n. in America conferred by statutes, ii. 159, 160. and defined and measured thereby, ii. 160, 161. at first confined to sea or waters within ebb and flow of tide, ii. 162. then extended to places where tide was not strong enough to turn back cur- but merely to cause regular rise and fall of water, ii. 162. though within body of county, ii. 163. but voyage was required to be substantially maritime, ii. 163, 164. act of 1845, extending, constitutional, ii. 164. limitation to tide waters inapplicable in America, ii. 165. extends now over navigable waters, ii. 165. ADMIRALTY, JURISDICTION OF—Continued. meaning of navigable waters, ii. 165. this depends on circumstances of case, ii. 165. as Mississippi and Alabama rivers, ii. 166. discussion of decision of United States Supreme Court as to constitutionality, Welland canal, navigable water, ii. 168, and n. whether it extends to carriage of goods between ports in same State, ii. 168, 510. no suit maintainable for supplies furnished a vessel trading exclusively be- whether admiralty has jurisdiction in salvage when vessel saved was engaged locality the test in case of tort, ii. 170. in prize, depends on subject matter, ii. 173. prize cannot be tried at common law, ii. 173, n. in mixed cases, where services are principally maritime, ii. 170, 171. liens, like those in admiralty, given by local law, ii. 171, 172. and admiralty will enforce, ii. 171. so far as appertaining to maritime matters, ii. 171, 172. not to matters not cognizable in admiralty, ii. 172. so of lien given by foreign government or law, ii. 172. extends to captures on land by co-operation of naval force, ii. 173. all cases of prize within, ii. 173, n. act of 1861, as to confiscation of property used for insurrectionary purposes, ii. circuit and districts courts have jurisdiction under, ii. 174. II. AS DETERMINED BY SUBJECT-MATTER OF ACTION, ii. 174 - 190. conflict between common law and admiralty courts as to, ii. 175, 176. meaning of admiralty and maritime jurisdiction, ii. 176. settled by Marshall, C. J., Story and Washington, JJ., ii. 176. coequal with ancient English, ii. 176. and embraces all maritime contracts, torts, injuries, and offences, ii. 176. salvage, bottomry and respondentia, seamen's wages, ii. 177. seizures under impost, navigation, and trade laws, ii. 177, 178. prizes, ransoms, and charter-parties, ii. 178. contracts of affreightment in voyages between different States, ii. 178. whether between ports in same State, ii. 169, 179, n. 185. contracts for conveyance of passengers, ii. 179. contracts with material men, ii. 179. this now limited by Twelfth Admiralty Rule, ii. 172, n. 2, 179, n. 2. |